THE FIGHT OVER PROP. 8

High court also will hear arguments on federal Defense of Marriage Act

For two San Diego County pastors, U.S. Supreme Court hearings today and Wednesday on same-sex marriage and whether legally wed gays and lesbians can access a host of federal benefits form the intersect of a moral crossroads.

Both of these men are in Washington, D.C., to march in front of the high court and take part in fervent, public prayer that the justices will reach the right conclusion.

Their supplication for the court’s majority ruling reflects the schism that divides the nation on the issue of gay and lesbian marriage.

“For those who call themselves Christian, the Bible begins with the marriage of a man and a woman and closes with the wedding of a bride and a groom,” said Jim Garlow, senior pastor at Skyline Church in La Mesa.

Pastor Darryl Kistler from Kensington Community Church reads the same Bible and reaches a different conclusion.

“We are one human family,” he said. “I truly believe the arc of justice is blowing in the direction of recognizing same-sex marriage as loving and just.”

Kistler and Garlow are among thousands of people compelled to voice their views in the nation’s capital as the court takes up two major cases on same-sex marriage. Each said he’s compelled to be there because of the potentially sweeping ramifications for society.

Nearly 2,300 miles away at Camp Pendleton, Marine Capt. Shaina Turley, a Sea Knight helicopter pilot, and her partner, Lori Hensic, said their Aug. 31 wedding will proceed regardless of what the court decides.

Proposition 8, a ballot measure that California voters approved in 2008, amended the state constitution to define marriage as being between a man and a woman. Its passage came five months after the state Supreme Court had declared that same-sex marriage was legal. In those months, about 18,000 gay and lesbian couples got married in the state.

More appeals of the proposition have led to today’s hearing. Specifically at issue is a legal challenge to last year’s 9th U.S. Circuit Court of Appeals decision overturning the initiative.

“I would like my marriage to be the real thing,” said Hensic, a pharmacist, health policy professor and director of education for the advocacy group American Military Partners Association. “That would be the best wedding present.”

Wednesday’s oral arguments will address the 1996 federal Defense of Marriage Act, which defines marriage as a union between a man and a woman for the purpose of federal benefits.

Hensic said that case is more important to her. The court is considering whether the act violates the equal-protection clause of the U.S. Constitution, and the outcome could affect Turley’s pay rate, access to base housing and health and survivor benefits.

“I’m very optimistic about these cases,” said Turley, who has served in the Marine Corps for six years and is contemplating a full, 20-year career. “I’m very encouraged about the way the country is headed.”

Polls in recent years show that rising numbers of Americans accept same-sex marriage, and most surveys conducted in the past year report majority support for the first time. Nine states and the District of Columbia have made such marriages legal, 38 states have banned them and New Jersey, New Mexico and Rhode Island prohibit them but do not have statutory or constitutional enforcement.